wrongful convictionNPR Digital Services RSS Generator 0.94Stories from Michigan Radio.NPR Digital Services RSS Generator 0.94wrongful convictionFri, 23 Feb 2018 11:30:56 +0000wrongful convictionhttp://michiganradio.org
Virginia GordanLawyers for wrongfully convicted ex-prisoners are crying foul over the dismissal of their client's claims on the grounds of a missed deadline that they dispute. The exonerated former inmates are seeking damages under the recent Wrongful Imprisonment Compensation Act. The 2016 law is intended to compensate people for the years they were wrongly imprisoned. Gabi Silver represents one of the ex-prisoners, Konrad Montgomery, who spent more than three years in prison for a crime he did not commit. Silver said the new law specifically gives wrongfully convicted former inmates 18 month to file a claim. But the Court of Claims agreed with Attorney General Bill Schuette's office that the deadline is governed by a 47-year-old statute that sets it at six months. Silver said she is appealing the denial of her client's claim. Silver said when the Wrongful Imprisonment Compensation Act was being drafted, the attorney general's office supported an 18-month statute of limitations. "So we believed thatAdvocates for exonerated former inmates outraged over case dismissalshttp://michiganradio.org/post/advocates-exonerated-former-inmates-outraged-over-case-dismissals
34779 as http://michiganradio.orgThu, 22 Feb 2018 23:24:02 +0000Advocates for exonerated former inmates outraged over case dismissalsSarah CwiekRichard Phillips spent 45 years in prison for a murder he says he didn’t commit. But on Thursday, he emerged a free man--at least for the time being.Detroit man convicted of murder freed after 45 yearshttp://michiganradio.org/post/detroit-man-convicted-murder-freed-after-45-years
33929 as http://michiganradio.orgFri, 15 Dec 2017 12:34:16 +0000Detroit man convicted of murder freed after 45 yearsThe Associated PressA Detroit man who spent decades in prison for murder because of a single hair is seeking millions of dollars now that his conviction has been thrown out. Ledura Watkins was released in June after prosecutors said hair evidence in the 1970s was flawed based on current FBI standards. He filed a lawsuit Thursday seeking $168 million, including $84 million for each of his nearly 42 years behind bars. Watkins was convicted of first-degree murder in the 1975 shooting death of a teacher during a robbery. The 61-year-old Watkins is suing police and a prosecutor who worked the case decades ago. Police lab analysts tied him to the crime based on a single hair found at the scene. Western Michigan University-Cooley Law School said it was a "subjective opinion."Detroit man sues after 42 years of wrongful imprisonmenthttp://michiganradio.org/post/detroit-man-sues-after-42-years-wrongful-imprisonment
33855 as http://michiganradio.orgFri, 08 Dec 2017 21:19:30 +0000Detroit man sues after 42 years of wrongful imprisonmentCheyna RothThe first hearings to compensate people who’ve been wrongfully convicted started today, but some left the courtroom unsatisfied. The hearings come after a new law was signed at the end of last year. That law provides for wrongfully convicted people to be compensated $50,000 for each year they were in prison. Two of the four cases were dismissed without any money given to the former inmates. One of the requirements to get money is that new evidence shows the former inmate didn’t commit the crime. A judge said the two cases didn’t have new evidence. Wolfgang Mueller is an attorney for a prisoner who was not compensated. “This bill has so many holes with respect to insufficiency of evidence that you leave somebody who spent five years in prison out in the cold with no compensation,” Mueller said. “That is absolutely unjust.” But the legislation's sponsor, Senator Steve Bieda, D-Warren, says that the law had to have parameters. Bieda said he worked on the legislation for 12 years and isHearings start to compensate exonerated prisonershttp://michiganradio.org/post/hearings-start-compensate-exonerated-prisoners
32481 as http://michiganradio.orgThu, 17 Aug 2017 00:32:38 +0000Hearings start to compensate exonerated prisoners Kathleen DavisWayne County Prosecutor Kym Worthy is adding staff to look into possible wrongful convictions. "No prosecutor wants to be party to knowingly convicting or keeping someone in prison that is either factually not guilty or a case we can't sustain," Worthy told the Associated Press. "We should not be afraid to have a unit like this." This announcement comes on the heels of a few recent conviction reversals in Detroit. In one case, a man spent 40 years in prison for a crime he didn't commit. David Moran is head of the Innocence Clinic at the University of Michigan, which investigates and litigates cases for prisoners who say they've been wrongfully imprisoned . The organization focuses on cases that may not have DNA evidence. "The hope is that [they] have a truly independent set of lawyers who would be able to do the right thing in a case, even if other people in the office are unhappy about it," Moran said. A "Conviction Integrity Unit" existed in Wayne County until 2013, when it wasWayne County to add special unit to investigate possible wrongful convictionshttp://michiganradio.org/post/wayne-county-add-special-unit-investigate-possible-wrongful-convictions
32077 as http://michiganradio.orgFri, 14 Jul 2017 21:01:29 +0000Wayne County to add special unit to investigate possible wrongful convictionsStateside StaffIt was a day 25 years in coming. A Wayne County judge threw out Desmond Ricks' murder conviction after it came to light that his 1992 conviction may have been based on faulty evidence produced by the Detroit police crime lab. Desmond Ricks was finally exonerated.Expert: To prevent wrongful convictions, crime labs need independence from police departments http://michiganradio.org/post/expert-prevent-wrongful-convictions-crime-labs-need-independence-police-departments
31593 as http://michiganradio.orgThu, 08 Jun 2017 20:32:49 +0000Expert: To prevent wrongful convictions, crime labs need independence from police departments Sarah CwiekA Detroit man who was serving a long prison sentence instead prepared to walk free Monday, after a post-conviction investigation cleared him in a 2012 shooting. Marwin McHenry was convicted of shooting a young woman during a street fight that summer. McHenry said he was blocks away at the time, and pointed the finger at another man, James Bosley. Initially, so did the victim. But she and other eyewitnesses later identified McHenry as the shooter. A jury convicted McHenry of assault with intent to murder and other charges, and a judge sentenced him to up to 30 years in prison. That’s despite Bosley’s own sister testifying at trial that her brother was the shooter. McHenry appealed his conviction. Both the Wayne County Circuit Court and Michigan Court of Appeals denied his request for a new trial, and in 2016 the Michigan Supreme Court declined to take the case. But in 2014, the Wayne County Prosecutor’s office had begun re-investigating McHenry's case. One of Bosley’s other sisters toldMan walks free after Wayne County prosecutor agrees to toss his convictionhttp://michiganradio.org/post/man-walks-free-after-wayne-county-prosecutor-agrees-toss-his-conviction
31044 as http://michiganradio.orgTue, 02 May 2017 11:44:31 +0000Man walks free after Wayne County prosecutor agrees to toss his conviction"It was an out-of-body experience." That's how Raymond Highers described the moment when the judge sentenced him and his brother Tommy Highers to life without parole for a murder they didn't commit.Brothers could receive $1.25M each for wrongful conviction: “I’d rather have the 26 years back”http://michiganradio.org/post/brothers-could-receive-125m-each-wrongful-conviction-i-d-rather-have-26-years-back
30935 as http://michiganradio.orgMon, 24 Apr 2017 21:00:35 +0000Brothers could receive $1.25M each for wrongful conviction: “I’d rather have the 26 years back”When the police knocked on his door, it never crossed Konrad Montgomery 's mind that they were there for him. The authorities were looking for a suspect in an armed robbery that took place on Detroit's east side, and a cell phone involved in the situation was traced back to Montgomery. The robbery occurred roughly 11 miles from where Montgomery claimed to be at the time of the incident. But since he was making money by selling used cell phones, he was caught up in the case. Montgomery was tried and convicted of armed robbery and attempted murder. He spent nearly three years in prison before he was exonerated.After fighting to prove his innocence for three years, Detroit man freed from prisonhttp://michiganradio.org/post/after-fighting-prove-his-innocence-three-years-detroit-man-freed-prison
30845 as http://michiganradio.orgMon, 17 Apr 2017 21:08:15 +0000After fighting to prove his innocence for three years, Detroit man freed from prison"You can just imagine the hell." The hell that Julie Baumer describes is her life after being tried and convicted for a crime that she did not commit. She spent more than four years in prison after the courts found her guilty of child abuse involving her five-week-old nephew. When she was ultimately found to be innocent of the charges, she was set free.Compensating for lost time: Michigan woman served four years for child abuse she didn’t commithttp://michiganradio.org/post/compensating-lost-time-michigan-woman-served-four-years-child-abuse-she-didn-t-commit
30749 as http://michiganradio.orgMon, 10 Apr 2017 21:45:16 +0000Compensating for lost time: Michigan woman served four years for child abuse she didn’t commitStateside StaffJust try to imagine how it would feel to be accused of a crime. Wrongfully accused. You didn't do it. But you're convicted and sent to prison. Then, miraculously, you get another shot and your innocence is proven. You're released with absolutely no compensation, and no help re-entering the world outside of those prison walls. That was the case in Michigan until just last week when Public Act 343 took effect. With that, Michigan became the 32nd state to provide exonorees with compensation for time served.No apology, no compensation, no longer: New law helps wrongly convicted rebuild liveshttp://michiganradio.org/post/no-apology-no-compensation-no-longer-new-law-helps-wrongly-convicted-rebuild-lives
30660 as http://michiganradio.orgMon, 03 Apr 2017 21:19:19 +0000No apology, no compensation, no longer: New law helps wrongly convicted rebuild livesSarah CwiekLawyers made their final arguments in court Wednesday, but it will take more than a month for a Wayne County judge to decide whether Lamarr Monson deserves a new trial. Monson confessed to the 1996 murder of Christina Brown, a 12-year-old runaway. The two lived and sold drugs together out of an apartment on Detroit’s west side, though Monson and others say Brown told people she was 17. But Monson later said that Detroit police tricked and coerced him into confessing. And his lawyers say it bears the hallmarks of a false confession. “The case against Mr. Monson was not terribly strong to begin with,” said Monson’s attorney David Moran, of the University of Michigan’s Innocence Clinic, during closing arguments. “There was zero evidence, effectively, other than a confession…a confession that didn’t match the crime scene, but a confession that matched what the police believed.” (Support trusted journalism like this in Michigan. Give what you can here .) In this case, Monson confessed toFinal arguments for Detroit man who wants new trial in 1996 murderhttp://michiganradio.org/post/final-arguments-detroit-man-who-wants-new-trial-1996-murder
29295 as http://michiganradio.orgThu, 22 Dec 2016 03:50:16 +0000Final arguments for Detroit man who wants new trial in 1996 murderSteve CarmodyGovernor Snyder has signed into law legislation compensating people who’ve been wrongfully imprisoned. Under the “Wrongful Imprisonment Compensation Act,” the compensation would amount to $50,000 for every year the individual was incarcerated, in addition to reasonable attorney fees and expenses. “Michigan’s criminal justice system does a tremendous job, however there is always more we can do to make it better, particularly for those who have been wrongfully imprisoned for a crime they didn’t commit,” Snyder said in a written statement. The law would also give the Michigan Department of Corrections the responsibility of providing basic reentry services to individuals who are released from prison as a result of having their convictions reversed, vacated or overturned. Currently, about three dozen former inmates would qualify for compensation. Governor Snyder says the state can never “fully repay” innocent people “wrongfully imprisoned,” but the money can help them “transition back intoMichigan governor signs compensation bill for 'wrongfully imprisoned'http://michiganradio.org/post/michigan-governor-signs-compensation-bill-wrongfully-imprisoned
29282 as http://michiganradio.orgWed, 21 Dec 2016 21:05:29 +0000Michigan governor signs compensation bill for 'wrongfully imprisoned'Stateside StaffMichigan Radio is involved with several news media partners in a project called the Detroit Journalism Cooperative. One of the issues we're looking at this year is justice, things such as mass incarceration and wrongful conviction. There's a nationwide network of legal clinics that are working to litigate claims of actual innocence by prisoners. Many of these clinics base their work on DNA evidence which has led to clearing the names and the release of hundreds of people. At the University of Michigan, the Michigan Innocence Clinic operates a little differently. It pursues cases in which DNA evidence is not available.Michigan’s system “one of the worst” at providing legal counsel to the poor, says law experthttp://michiganradio.org/post/michigan-s-system-one-worst-providing-legal-counsel-poor-says-law-expert
28675 as http://michiganradio.orgFri, 04 Nov 2016 20:11:32 +0000Michigan’s system “one of the worst” at providing legal counsel to the poor, says law expertJack LessenberryMacomb County resident Julie Baumer volunteered to care for her sister’s unwanted baby thirteen years ago. She was a 27-year-old mortgage broker who was engaged to be married and had a full life, but she didn’t want the little boy to be put up for adoption. But a few weeks later, she took the baby to the hospital, where doctors discovered a lot of blood on his brain. She was suspected of violently shaking the baby.Michigan should join states that compensate wrongfully convictedhttp://michiganradio.org/post/michigan-should-join-states-compensate-wrongfully-convicted
28129 as http://michiganradio.orgTue, 27 Sep 2016 13:12:36 +0000Michigan should join states that compensate wrongfully convictedSarah CwiekWayne County Prosecutor Kym Worthy defended her office’s handling of the Davontae Sanford case today. Sanford confessed to four Detroit murders in 2007, when he was just 14 years old. But a judge overturned Sanford’s convictions and freed him this week. Worthy says that became possible only after a recent Michigan State Police investigation she requested found a Detroit police officer lied about key aspects of Sanford’s confession. Questions about Sanford’s guilt arose as early as 2008, when a hit man named Vincent Smothers confessed to the same crimes. But Worthy says Smothers refused to testify during years of litigation, as lawyers who took up Sanford’s case tried to get his conviction overturned. “So this was not the Wayne County prosecutor’s office running rogue, and trying to do something illegal to Mr. Sanford,” Worthy said. “We went to court, we were in court for over two years, after we received the information. This was completely litigated, passed on by a Circuit Court judgeWayne County prosecutor defends handling of Davontae Sanford casehttp://michiganradio.org/post/wayne-county-prosecutor-defends-handling-davontae-sanford-case
26676 as http://michiganradio.orgThu, 09 Jun 2016 16:26:42 +0000Wayne County prosecutor defends handling of Davontae Sanford caseStateside StaffHe was just 14 years old when he confessed to and was convicted of a quadruple murder. But today, 23-year-old Davontae Sanford walks out of Ionia State Prison a free man. His conviction was vacated Tuesday by Wayne County Circuit Judge Brian Sullivan, who agreed with arguments that Sanford's case had all the hallmarks of a false confession. David Moran is with the Michigan Innocence Clinic and was co-counsel on this case. Moran joined us on Stateside to talk about the inconsistencies in the case and how it compares to wrongful conviction cases around the country. GUEST David Moran is a University of Michigan Clinical Professor of Law. He's with the Michigan Innocence Clinic and was co-counsel on Sanford's case.Davontae Sanford case a "complete and utter failure of the criminal justice system"http://michiganradio.org/post/davontae-sanford-case-complete-and-utter-failure-criminal-justice-system
26660 as http://michiganradio.orgWed, 08 Jun 2016 20:20:28 +0000Davontae Sanford case a "complete and utter failure of the criminal justice system"Rick PlutaLegislation up for a vote in the state Senate tomorrow would compensate felons who are exonerated for the time they were wrongfully imprisoned. It would allow $50,000 for every year of wrongful incarceration. It would also offer aftercare services to freed inmates. State Sen. Steve Bieda, D-Warren, says Michigan is one just a handful of states that does not compensate people for wrongful imprisonment. He says it offers a measure of justice. “It does acknowledge that these people were wrongfully convicted,” Bieda said. “They lost their freedom, and it helps put them on a little bit better path on their life going forward.” Bieda says Michigan is one of just a handful of states that does not compensate people who’ve been wrongfully imprisoned. “We can’t give people their lost freedom back, but it is a right direction to go as far as trying to rectify some of the wrongs that have happened,” he said. Under the legislation, Davontae Sanford would collect a payout of about $400,000 for hisBill would compensate wrongfully convicted, offer services after releasehttp://michiganradio.org/post/bill-would-compensate-wrongfully-convicted-offer-services-after-release
26663 as http://michiganradio.orgWed, 08 Jun 2016 19:54:21 +0000Bill would compensate wrongfully convicted, offer services after releaseSarah CwiekAfter spending eight years in prison, a Detroit man convicted of murdering four people has been cleared and ordered released. Davontae Sanford confessed to the murders in 2007, when he was just 14. But soon after Sanford’s conviction, a hit man confessed to the same crimes, and insisted Sanford was not involved. Now, following a Michigan State Police re-investigation of the case, Wayne County Judge Brian Sullivan has vacated Sanford’s convictions, and ordered him released immediately. Prosecutor Kym Worthy had agreed to dismiss Sanford’s case Tuesday morning. Valerie Newman is with the Michigan State Appellate Defender Office, and one of Sanford’s attorneys. She “basically started crying” with happiness after hearing the news -- but warns that Sanford still faces a hard road. “They’re not going to put Davontae through any further trauma,” Newman said. “Yet there’s the trepidation of reintegrating someone into society after that period of time, you know, growing up in prison.” NewmanJudge clears Davontae Sanford of four murders, orders him freedhttp://michiganradio.org/post/judge-clears-davontae-sanford-four-murders-orders-him-freed
26646 as http://michiganradio.orgWed, 08 Jun 2016 01:44:08 +0000Judge clears Davontae Sanford of four murders, orders him freedJake NeherLegislation to compensate people who are wrongly imprisoned in Michigan is moving forward at the state Capitol. A state House committee voted unanimously on Tuesday to give people $60,000 for every year they are imprisoned plus damages.Bill to compensate wrongfully convicted inmates moves forwardhttp://michiganradio.org/post/bill-compensate-wrongfully-convicted-inmates-moves-forward
22419 as http://michiganradio.orgTue, 16 Jun 2015 20:42:29 +0000Bill to compensate wrongfully convicted inmates moves forward